Over 17 months have passed but the Navghar police in Mulund (east) is yet to file the final report in the FIR against BJP Member of Parliament Kirit Somaiya, who was booked for allegedly pushing an on-duty police inspector (PI) and obstructing him from discharging his duty.
On August 25, 2014 Mr Somaiya was booked under Sections 332 (voluntarily causing hurt to deter a public servant from his duty), 353 (assault or criminal force to deter a public servant from his duty) and 506 (criminal intimidation) of the Indian Penal Code.
The incident occurred at 3 pm on August 21, but an FIR was registered only after then Mumbai police commissioner Rakesh Maria took note of it. The FIR registered by PI Sampat Munde states that Mr Somaiya came to the police station with some party workers and hit him on his hand. Mr Munde said that he was carrying out a probe in a crime case and Mr Somaiya obstructed him from doing so.
When contacted for a comment on the delay in filing the final report, senior lawyer Abha Singh told The Asian Age, “The offences are not complicated and hence it is presumed that in such cases police should be able to file a chargesheet in 90 days, which is the limit given to the police to file a chargesheet but there is no upper limit. Also there is no punishment given to police if they fail to keep the deadline. It’s a practical ploy. Either they do not have the will or there is no interest in providing justice to the complainant. The police also fear taking action against politicians, even more so if they are from the ruling party because the politicians can use their clout to get them side postings or even transferred.”
Mr Somaiya, a Chartered Accountant by qualification, said, “I have not done anything wrong. I went there as a MP to pursue work of my constituency and constituents.” DCP Vinay Rathod said, “The final report is not filed. Investigations are on.”
ACP (Mulund division) M.V. Avhad who was investigating the case retired three months ago. He said, “I am no longer concerned with the case. I don’t think it’s a false case.” No one has been officially appointed to Mr Avhad’s post. Mr Munde said, “I have no idea what they are investigating till now.”
